NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
June 18, 2009
JOSEPH ORLINO, PLAINTIFF-APPELLANT,
2 GOLD, LLC, DEFENDANT-RESPONDENT.
Order, Supreme Court, New York County (Michael D. Stallman, J.), entered March 10, 2009, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Nardelli, Catterson, Renwick, Richter, JJ.
Defendant's motion for summary judgment was properly granted, given that the lumber over which plaintiff tripped at his worksite was not "debris," but an integral part of the work being performed (see 12 NYCRR 23-1.7[e]; O'Sullivan v IDI Constr. Co., Inc., 28 AD3d 225, 226 , affd 7 NY3d 805 ; Harvey v Morse Diesel Intl., 299 AD2d 451 , lv denied 99 NY2d 508 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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